DWI Victim Lawyers In Austin
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Driving While Intoxicated (DWI) accidents claim thousands of lives every year in the U.S. and injure countless others. The victims of DWI accidents require legal assistance in order to obtain the justice that they deserve. This is where the Austin drunk driving accident attorneys of Zinda Law Group can help.
In the event of a DWI accident, it is of primary importance to seek help for anyone in need of medical assistance. It will also be wise to notify the local police department, which will complete a report on the car accident. Beyond these issues, the victims of DWI accidents may have difficulty in determining what course of action to take, and it is then that a personal injury lawyer can be helpful.
Injured in a DWI Accident
After an accident-related injury, you will be faced with hospital bills and potential time off work. Your first concern will be to regain your health, but after that, the looming cost of medical care can be overwhelming. If you are unable to go to work after the accident for an extended period of time, meeting the monthly bills may become an issue. Questions about compensation for medical costs and lost wages may be addressed in a civil lawsuit or can be resolved through an insurance settlement.
What Compensation Can I Claim?
A victim of a drunk driving accident will be able to settle with the insurance company but they do have an edge in any litigation brought before an Austin Civil Court. Since DWI cases will be prosecuted in criminal court, a DWI conviction will support the victim's claim that he was not at fault for the accident and subsequent damages. Criminal cases can take a while to prosecute, so there may be a delay in any civil proceedings you choose to pursue.
In Texas, drunk drivers may be also liable in civil court for the damages they cause to the victims, including those damages may include:
- Reasonable and necessary medical expenses
- The cost of future care
- Loss of earnings
- Loss of earning capacity
- Pain and suffering
- Physical impairment
- Disfigurement, including burns and scars
- Punitive or exemplary damages. These send a message to the community and to the drunk driver that it will not tolerate drunk driving.
Fatal DWI Accidents
If a close friend, relative, or loved one has recently been killed in a DWI car accident in Austin, Texas, then you may find yourself feeling immense grief. Unfortunately, DWI accidents are a relatively common occurrence in a large city such as Austin.
At the same time that you are grieving and trying to move past this awful experience, however, you may find yourself struggling financially when it comes to dealing with the burial and funeral costs of your loved one. The same may apply to other close friends and family members who want to make sure that their loved ones' last wishes can be carried out.
If this is the difficult situation you have found yourself in, then the last thing you probably want to deal with is starting a lawsuit or taking the matter to court in order to get the compensation that you and your close friends or relatives need to pay for such expenses. However, the fact remains that taking the matter to court is often the best and sometimes the only way to get the settlement that is needed and deserved following a fatal DWI accident.
Seeking Fatal DWI Compensation
Often times, when seeking compensation for a fatal DWI accident, it can be difficult to know where the money is going to come from. However, in most cases, it is the driver who caused the accident that will be held responsible. If he or she has an auto insurance policy, then compensation will likely come from them. On the other hand, it is also possible to go after the driver for the compensation in the event that he or she was driving uninsured. Regardless, the Austin drunk driving accident attorneys of Zinda Law Group will know who to hold responsible and the right steps to take to help you recover the compensation that is deserved.
Before filing a claim
There are three primary factors that need to be considered before filing a personal injury lawsuit stemming from a DWI accident. The first of these is proof of negligence. A personal injury case involves harm to someone that resulted from the careless actions of another person. A driver who was operating a vehicle while intoxicated is obviously displaying negligent behavior, and can be held liable for damages in the event of an accident. However, it will be necessary to prove that the driver was legally intoxicated at the time. Attorneys understand DWI laws and standards and can help resolve these matters before concluding whether the level of liability warrants legal action.
It will also be necessary to determine whether the damages inflicted in the accident justify taking legal action. Compensation is often sought in personal injury cases to cover the cost of any medical care that was needed. A serious injury may require hospitalization, surgery or specialized therapy, and regular health insurance may not cover all of the expenses that are accrued. Additionally, there may be a need for long-term care if the injury is permanent or particularly debilitating. Medical bills that accumulate over a long period of time can be a financial threat to most families, and an attorney can be extremely beneficial in working out these issues with hospitals or other medical care providers.
The final factor in a personal injury case is determining whether damages can be recovered from the other party. Compensation is usually obtained from insurance policies or from other resources. However, insurance companies will often look for reasons to deny or delay payments, and in Texas, it is extremely difficult to garner the personal assets of individuals. An Austin car accident attorney from Zinda Law Group will assess the many aspects of a case and determine its viability and potential before even considering taking it to court.
Tell Us About Your Case
Most personal injury cases are settled before they ever go to trial and in many cases even before a lawsuit is filed. However, there are many details that need to be worked out to assure that every victim is adequately compensated. A personal injury attorney can under the circumstances be the best advocate for DWI victims in Austin.